1. (1) The facility type is determined by:

   1. (a) the provider's application;
   2. (b) the license or registration capacity for the facility;
   3. (c) the space designated for the facility;
   4. (d) the number of staff members available to meet the child-to-staff ratio requirements; and
   5. (e) whether any other safety, health, or program requirements are affected or violated.

2. (2) Children of staff or owners who are present in the child care space during child care hours are included when counting children for license or registration type and capacity.

   1. (a) Children of owners who attend school full time will not be included when counting children.

Authorizing statute(s): 52-2-704, MCA

Implementing statute(s): 52-2-704, 52-2-731, MCA

History: NEW, 2025 MAR, 37-1044, Eff. 5/1/25.